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Home EJIL Reports ICJ Rules that it has no Jurisdiction to Hear Georgia v. Russia

ICJ Rules that it has no Jurisdiction to Hear Georgia v. Russia

Published on April 1, 2011        Author: 

Today the Court by 10 votes to 6 upheld a preliminary objection by the Russian Federation that it lacked jurisdiction in its dispute under CERD with Georgia, as Georgia failed to exhaust a preliminary requirement under Art. 22 CERD to attempt to resolve the dispute by negotiation before submitting it to the ICJ. The press release and summary are available here; the judgment will be available shortly.  The Court in effect overturned its (provisional) earlier finding in its provisional measures decision a few years back that Art. 22 did not impose such an obligation. In part at least due to changes regarding the composition of the bench, the erstwhile majority became the minority. I’m sure the dissenting opinions will be well worth a read.

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